Grand Theft in Florida
The crime of Grand Theft involves the unlawful taking of property worth more than $300.
Under Florida Statute 812.014(2)(c), the crime of Grand Theft is committed when a person unlawfully takes another person’s property that is worth $750 or more.
To prove the crime of Grand Theft, the State must prove property worth more than $750 was taken from another person with the intent to:
- Deprive the person of a right to the property or benefit of the property; or
- Appropriate the property for personal use or for the use of another person not entitled to the use of the property.
Proving Value
The value of stolen property is proven with evidence of the original purchase price, together with the percentage or amount of depreciation since the property’s purchase, its manner of use, and its condition and quality at the time it was stolen. [1]
If the prosecutor is unable to prove the stolen property was worth more than $300, the evidence will be insufficient to support a conviction greater than petit theft.
Penalties for Grand Theft
There are three degrees of Grand Theft that can be committed in Florida. The degree of the crime and the corresponding penalties increase based on the value of the property taken.
The three degrees of Grand Theft in Florida are:
Grand Theft of the Third Degree
Grand Theft of the Third Degree is committed if the property taken is:
- worth less than $20,000, but more than $750;
- a controlled substance;
- a firearm;
- a motor vehicle;
- a will, codicil, or other testamentary instrument; or
- anything of value stolen by a hotel or restaurant employee in the course of their employment. [1]
Grand Theft of the Third Degree is a Third Degree Felony and assigned either a Level 2, 3, or 4 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Grand Theft of the Third Degree, a judge can impose any combination of the following penalties:
- A maximum sentence of five (5) years in prison,
- Five (5) years of probation, or
- A fine up to $5,000.
Grand Theft of the Second Degree
Grand Theft of the Second Degree is committed if the property taken:
- Is worth less than $100,000, but more than $20,000.
- Is shipping cargo worth less than $50,000.
- Is emergency medical equipment worth more than $300.
Grand Theft of the Second Degree is a Second Degree Felony and assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Grand Theft of the Second Degree, a judge can impose any combination of the following penalties:
- A maximum sentence of fifteen (15) years in prison,
- Fifteen years of probation, or
- A fine up to $10,000.
Grand Theft of the First Degree
Grand Theft of the First Degree is committed if the property taken is:
- worth more than $100,000
- shipping cargo worth more than $50,000
Grand Theft of the First Degree is a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Grand Theft of the First Degree, a judge can impose any combination of the following penalties:
- A minimum sentence of twenty-one (21) months in prison,
- A maximum sentence of thirty years in prison,
- Thirty years of probation, or
- A fine up to $10,000.
Statute of Limitations for Grand Theft
Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Grand Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15.
As a result, a prosecution for Grand Theft can be brought up to five years after the offense was committed (and even longer in some cases). [2]
Defenses to Grand Theft
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Grand Theft are:
Equal Ownership
A co-owner of property cannot be convicted of Grand Theft for taking the property unless the complaining co-owner had a superior legal interest in the property. [3]
Good Faith Belief
Under Florida law, the crime of grand theft requires proof of a taking with the intent to steal. So a person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit Grand Theft. As a result, a well-founded belief in one’s right to allegedly stolen property constitutes a complete defense to the crime of Grand Theft. [4]
Mere Presence
Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [5]
As a result, if you accompany a friend to a store and the friend commits a Grand Theft, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the crime of Grand Theft.
Valueless Property
Simply put, it is impossible to steal trash because Florida law only criminalizes the stealing of “property.”
Property is defined as “anything of value” and the value is the “the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” [6]
Thus if someone places something by the road, it has become trash that presumably has no value.
Voluntary Abandonment
It is a defense to the crime of Grand Theft to abandon the attempt to commit the grand theft under circumstances indicating a complete and voluntary renunciation of the criminal purpose. [7]
Involuntary Abandonment
While voluntary abandonment is a defense to the crime of Grand Theft, involuntary abandonment is not a defense. The distinguishing characteristic between the two is the reason for abandoning the Grand Theft. [8]
A voluntary abandonment occurs when your conscious, unprompted by encountered circumstances, causes you to withdraw from the attempted grand theft.
On the other hand, an involuntary abandonment occurs when unanticipated circumstances (i.e. belief scheme discovered) causes a person to withdraw from the attempted grand theft.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Grand Theft in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
References
- Section 509.162(2), Florida Statutes, (Theft of Personal Property by Employee)
- Schuster v. State, 21 So. 3d 117, 118 (Fla. 5th DCA 2009)
- Fritts v. State, 58 So. 3d 430, 432 (Fla. 1st DCA 2011)
- Russ v. State, 830 So. 2d 268 (Fla. 1st DCA 2002)
- Bartlett v. State, 765 So. 2d 799 (Fla. 1st DCA 2000)
- Gabriel v. State, 254 So. 3d 558 (Fla. 4th DCA 2018)
- Holloway v. State, 755 So. 2d 169 (Fla. 4th DCA 2000)
- Longval v. State, 914 So. 2d 1098 (Fla. 4th DCA 2005)
- Carroll v. State, 680 So. 2d 1065 (Fla. 3d DCA 1996)